Is there any case law in which a plaintiff has been successful in obtaining certification from the Court of Appeal?
Ontario, Canada
The following excerpt is from Jeffery v London Life Insurance, 2016 ONSC 5506 (CanLII):
Moreover a “distributive costs” approach advocated by the defendants is misguided in principle. Justice Winkler (as he then was) observed in Lau v. Bayview Landmark Inc.[16]: Simply put, the CPA aims to provide access to the justice system to litigants to whom procedural barriers and economics would otherwise present insurmountable hurdles. It is not in keeping with the spirit of that aim to penalize successful plaintiffs by attempting to break the certification motion down with a play by play analysis and apportioning costs accordingly.
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